Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Can spouse collect child support for previous years?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

been separated for over 10 years, in agreement it was stated that we would pay for childrens expenses in relation to income and no support payments to be paid by either party. Can one spouse claim and collect for support for previous years if they feel that they should have gone for support payments or does the original separation agreement hold up. custody is joint 50% each

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Jennifer M. Long, B.A. J.D.
5 years ago

A party may have a claim to retroactive child support if there has been a material change in circumstances since the time the agreement was signed. For example, parties may agree that custody of a child will be shared with no child support payable where the income level of both parents is comparable. However, if one party experiences an increase or decrease in income, this may constitute a material change in circumstances necessitating the revision of that party's child support obligation. ​Furthermore, w​here there​ may be an issue about the validity of the separation agreement itself (ie. one spouse now claims they did not understand what they were agreeing to or were not properly informed​ or there was duress​)​. ​ I would suggest that you review the agreement with a lawyer and discuss in further detail the circumstances surrounding the signing of the agreement and your current situation.

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
Would love your thoughts, please comment.x